Interpretation of Statutes
Interpretation of Statutes
Interpretation of Statutes
Id no:20010432
Section: A
DEPARTMENT OF LAW
Politics of Interpretation of Statutes
The age-old process of application of the enacted law has led to formulation of certain rules and
principles of interpretation. But there are politics behind formulation of those principles. The
principles often seem to be influenced by different schools of thoughts. Almost all of the general
principles of interpretation go under either positivism or naturalism. The schools of statutory
interpretation vary on what factors should be considered. The positivist schoolers support man made
law and they do not believe in the freedom of the judiciary rather they give more freedom to
legislature. They believe whatever is in the law should be followed strictly. Whereas the natural
groups of thought support divine sources of law. Natural law refers to the use of reason to analyze
human nature and deduce binding rules of moral behavior. Unlike positivist schoolers they believe in
the freedom of judiciary. And when the positivist schoolers support some principles, the naturalist
schoolers support other principles. That is why the principles of interpretation often contradicts with
one another. And the judges and lawyers often interpret according to the group they belong to.
“Bonam Partem" means that words used in the statute are to be taken in their lawful sense. That
means court will interpret what is legitimate and recognized by the law.
It means the law comes to the assistance of those who are vigilant with their rights, and not
those who sleep on their rights.
3.Presumption of justness
4.Maintenance of morality
5.Human rights